RESPONSE TO ORDER TO SHOW CAUSE by ABC Appliance, Inc., CompuCom Systems Inc, Electrograph Technologies Corp., Interbond Corporation of America, Marta Cooperative of America, Inc., Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC, Tech Data Corporation, Tech Data Product Management, Inc. Associated Cases: 1:17-cv-04504-BMC et al. (Isaacson, William)
ORDER TO SHOW CAUSE. In light of MARTA and the Samsung defendants' Letter of Settlement 121 in 18-cv-4879 and the subsequent Order of Dismissal 125 in 17-cv-4504, plaintiffs are ORDERED TO SHOW CAUSE by 2/27/2019 why this matter, all its member cases, and every party listed on the docket cannot be terminated. Ordered by Judge Brian M. Cogan on 2/20/2019. Associated Cases: 1:17-cv-04504-BMC et al. (Weisberg, Peggy)
Order Dismissing parties that all of the claims brought by MARTA Cooperative of America, Inc. against Samsung SDI Co., Ltd., Samsung SDI America, Inc., Samsung SDI Mexico S.A. De C.V., Samsung SDI Brasil Ltda., Shenzhen Samsung SDI Co., Ltd., Tianjin Samsung SDI Co., Ltd., and Samsung SDI (Malaysia) Sdn. Bhd. are hereby dismissed with prejudice. ( Ordered by Judge Brian M. Cogan on 2/14/2019 ) (Guzzi, Roseann)
ORDER terminating as moot 111 Motion to Sever as per Order dated 10/26/2018. Ordered by Judge Brian M. Cogan on 11/7/2018. (Weisberg, Peggy)
Filed: 11/7/2018, Entered: 11/7/2018
ORDER. Motion to Seal 66 ; Motions in Limine 71 72 ; and Joint Motion to Amend 88 are terminated as moot in light of the parties' Rule 41 Stipulation of Dismissal and the Court's Order of Dismissal 101 123 . Ordered by Judge Brian M. Cogan on 11/7/2018. (Weisberg, Peggy)
Filed: 11/6/2018, Entered: 11/6/2018
ORDER re: Motions in Limine 8 9 10 11 13 14 15 16 17 18 19 20 are terminated as moot in light of the parties' Rule 41 Stipulation of Dismissal and the Court's Order of Dismissal 101 123 . Ordered by Judge Brian M. Cogan on 11/6/2018. (Weisberg, Peggy)
ORDER OF DISMISSAL, All of the claims brought against Party Panasonic Corporation of North America, MT Picture Display Co., LTD. and Panasonic Corporation are dismissed with prejudice. Each party shall bear its own costs and attorneys' fees. So Ordered by Judge Brian M. Cogan on 11/6/2018. (Lee, Tiffeny)
Letter re: status of Plaintiffs' claims by ABC Appliance, Inc., CompuCom Systems Inc, Electrograph Technologies Corp., Interbond Corporation of America, Marta Cooperative of America, Inc., Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC, Tech Data Corporation, Tech Data Product Management, Inc. (Isaacson, William)
STIPULATION of Dismissal as to Panasonic Defendants by ABC Appliance, Inc., CompuCom Systems Inc, Electrograph Technologies Corp., Interbond Corporation of America, Marta Cooperative of America, Inc., Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC, Tech Data Corporation, Tech Data Product Management, Inc. (Isaacson, William)
ORDER dated 10/26/18 granting in part 110 defendant's alternative motion for a bifurcated trial. Trial on the question of whether MARTA acted as a purchasing agent for its members is scheduled for February 11, 2019. Jury selection will occur before a Magistrate Judge on February 4, 2019. ( Ordered by Judge Brian M. Cogan on 10/26/2018 ) (Guzzi, Roseann) Modified on 10/26/2018 (Clarke, Melonie).
Letter from Plaintiff MARTA to Court in Response to the Court's October 16, 2018 Order Regarding Estimated Time the MARTA Trial Will Last by Marta Cooperative of America, Inc. (Smith, Kyle)
Letter to Judge Cogan in Response to the Court's Order Dated October 16, 2018 Regarding the Estimated Time the MARTA Trial Will Last by Samsung SDI (Malaysia) SDN BHD, Samsung SDI America, Inc., Samsung SDI Brasil LTDA, Samsung SDI Co., LTD., Samsung SDI Mexico S.A. DE C.V., Shenzhen Samsung SDI Co. LTD., Tianjin Samsung SDI Co., LTD. (Davies, Andrew)
ORDER re 110 . The parties seem to agree that it would take only one day to try the issues related to Article III standing. The parties are directed to inform the Court no later than 10/18/2018 how long they predict it would take to try the remaining aspects of the case (including liability and damages) in light of the recent settlement. Ordered by Judge Brian M. Cogan on 10/15/2018. (Clarke, Melonie)
REPLY in Support re 110 MOTION for Hearing Defendants Motion for an Evidentiary Hearing to Resolve Whether Plaintiff MARTA Cooperative of America, Inc. Has Article III Standing filed by Samsung SDI (Malaysia) SDN BHD, Samsung SDI America, Inc., Samsung SDI Brasil LTDA, Samsung SDI Co., LTD., Samsung SDI Mexico S.A. DE C.V., Shenzhen Samsung SDI Co. LTD., Tianjin Samsung SDI Co., LTD.. (Davies, Andrew)
REPLY in Support re 111 MOTION to Sever Samsung SDI Defendants Opposition to Consolidation of the MARTA Case into the Existing Consolidated Action or, in the Alternative, Motion for a Separate Trial of the MARTA Case filed by Samsung SDI (Malaysia) SDN BHD, Samsung SDI America, Inc., Samsung SDI Brasil LTDA, Samsung SDI Co., LTD., Samsung SDI Mexico S.A. DE C.V., Shenzhen Samsung SDI Co. LTD., Tianjin Samsung SDI Co., LTD.. (Attachments: # 1 Declaration of Andrew Rhys Davies in Support of the Samsung SDI Defendants' Reply in Further Support of Their Opposition to Consolidation of the Marta Case into the Existing Consolidated Action or, in the Alternative, Motion for a Separate Trial of the Marta Case, # 2 Exhibit J, # 3 Exhibit K, # 4 Exhibit L, # 5 Exhibit M, # 6 Exhibit N, # 7 Exhibit O, # 8 Exhibit P, # 9 Exhibit Q, # 10 Exhibit R) (Davies, Andrew)
Letter to the Court Regarding Settlement Between Plaintiffs and the Panasonic Defendants by ABC Appliance, Inc., CompuCom Systems Inc, Electrograph Technologies Corp., Interbond Corporation of America, Marta Cooperative of America, Inc., Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC, Tech Data Corporation, Tech Data Product Management, Inc. (Isaacson, William)
MEMORANDUM in Opposition re 110 MOTION for Hearing Defendants Motion for an Evidentiary Hearing to Resolve Whether Plaintiff MARTA Cooperative of America, Inc. Has Article III Standing filed by ABC Appliance, Inc., CompuCom Systems Inc, Electrograph Technologies Corp., Interbond Corporation of America, Marta Cooperative of America, Inc., Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC. (Attachments: # 1 Declaration of John F. Dew, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (Isaacson, William)
MEMORANDUM in Opposition re 111 MOTION to Sever Samsung SDI Defendants Opposition to Consolidation of the MARTA Case into the Existing Consolidated Action or, in the Alternative, Motion for a Separate Trial of the MARTA Case filed by ABC Appliance, Inc., CompuCom Systems Inc, Electrograph Technologies Corp., Interbond Corporation of America, Marta Cooperative of America, Inc., Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC. (Isaacson, William)
MEMORANDUM in Support re 111 MOTION to Sever Samsung SDI Defendants Opposition to Consolidation of the MARTA Case into the Existing Consolidated Action or, in the Alternative, Motion for a Separate Trial of the MARTA Case {Panasonic Defendants' Joinder}, filed by MT Picture Display Co., LTD., Panasonic Corporation. (Attachments: # 1 Declaration of Kevin B. Goldstein, # 2 Exhibit 1, # 3 Exhibit 2) (Kessler, Jeffrey)
MOTION to Sever Samsung SDI Defendants Opposition to Consolidation of the MARTA Case into the Existing Consolidated Action or, in the Alternative, Motion for a Separate Trial of the MARTA Case by Samsung SDI (Malaysia) SDN BHD, Samsung SDI America, Inc., Samsung SDI Brasil LTDA, Samsung SDI Co., LTD., Samsung SDI Mexico S.A. DE C.V., Shenzhen Samsung SDI Co. LTD., Tianjin Samsung SDI Co., LTD.. (Attachments: # 1 Memorandum in Support of Samsung SDI Defendants Opposition to Consolidation of the MARTA Case into the Existing Consolidated Action or, in the Alternative, Motion for a Separate Trial of the MARTA Case, # 2 Declaration of Andrew Rhys Davies, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I) (Davies, Andrew)
MOTION for Hearing Defendants Motion for an Evidentiary Hearing to Resolve Whether Plaintiff MARTA Cooperative of America, Inc. Has Article III Standing by Samsung SDI (Malaysia) SDN BHD, Samsung SDI America, Inc., Samsung SDI Brasil LTDA, Samsung SDI Co., LTD., Samsung SDI Mexico S.A. DE C.V., Shenzhen Samsung SDI Co. LTD., Tianjin Samsung SDI Co., LTD.. (Attachments: # 1 Memorandum in Support of Defendants Motion for an Evidentiary Hearing to Resolve Whether Plaintiff MARTA Cooperative of America, Inc. Has Article III Standing, # 2 Declaration of Michael S. Feldberg, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L) (Davies, Andrew) M
NOTICE of Appearance by Alexander Kaim Bussey on behalf of Samsung SDI (Malaysia) SDN BHD, Samsung SDI America, Inc., Samsung SDI Brasil LTDA, Samsung SDI Co., LTD., Samsung SDI Mexico S.A. DE C.V., Shenzhen Samsung SDI Co. LTD., Tianjin Samsung SDI Co., LTD. (aty to be noticed) (Attachments: # 1 Certificate of Service) (Bussey, Alexander)
NOTICE of Appearance by Andrew Rhys Davies on behalf of Samsung SDI (Malaysia) SDN BHD, Samsung SDI America, Inc., Samsung SDI Brasil LTDA, Samsung SDI Co., LTD., Samsung SDI Mexico S.A. DE C.V., Shenzhen Samsung SDI Co. LTD., Tianjin Samsung SDI Co., LTD. (aty to be noticed) (Attachments: # 1 Certificate of Service) (Davies, Andrew)
SCHEDULING ORDER: The parties shall implement the following pre-trial scheduling order, which includes dates for the MARTA action. Defendants' motions for an evidentiary hearing on the issue of MARTA's standing and to sever the MARTA trial are due 09/03/2018; MARTA's opposition is due 09/17/2018; any reply is due 10/01/2018. Ordered by Judge Brian M. Cogan on 8/20/2018. (Weisberg, Peggy)
Proposed Scheduling Order Joint Letter to the Court Regarding the Parties' Proposed Pretrial Schedule by ABC Appliance, Inc., CompuCom Systems Inc, Electrograph Technologies Corp., Marta Cooperative of America, Inc., Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC, Tech Data Corporation, Tech Data Product Management, Inc. (Attachments: # 1 Proposed Pretrial Schedule (including the parties' competing proposals with respect to the MARTA action)) (Isaacson, William)
ORDER granting in part 103 Motion to Continue Trial. The parties should follow their proposed briefing schedule for defendants' motion in the MARTA action. The trial is continued to May 13, 2019: jury selection will be held on that date before a Magistrate Judge with trial to follow before Judge Cogan in Courtroom 8D South. The parties are directed to keep the following backup trial dates open: May 28, 2019 for jury selection with trial to begin on June 3, 2019. Ordered by Judge Brian M. Cogan on 7/24/2018. (Weisberg, Peggy)
Joint MOTION to Continue Trial Date Until Backup Date of March 4, 2019; and Joint Status Update Regarding Proposed Pretrial Schedule by ABC Appliance, Inc., CompuCom Systems Inc, Electrograph Technologies Corp., Interbond Corporation of America, Marta Cooperative of America, Inc., Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC, Tech Data Corporation, Tech Data Product Management, Inc.. (Isaacson, William)
ORDER granting 102 Motion to Withdraw as Attorney. Attorney Jennifer Maryon Stewart terminated. Ordered by Judge Brian M. Cogan on 5/30/2018. (Weisberg, Peggy)
MOTION to Withdraw as Attorney Jennifer M. Stewart by MT Picture Display Co., LTD., Panasonic Corporation. (Attachments: # 1 Declaration of Sofia Arguello, # 2 Certificate of Service) (Arguello, Sofia)
ORDER OF DISMISSAL as to certain defendants: Toshiba America Inc., Toshiba America Inc., Toshiba America Information Systems Inc., Toshiba Corporation, Toshiba America Consumer Products, L.L.C. and Toshiba America Electronic Components, Inc. are hereby dismissed with prejudice. ( Ordered by Judge Brian M. Cogan on 5/7/2018 ) (Guzzi, Roseann)
STIPULATION of Dismissal as to Toshiba Defendants by ABC Appliance, Inc., CompuCom Systems Inc, Electrograph Technologies Corp., Interbond Corporation of America, Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC, Tech Data Corporation, Tech Data Product Management, Inc. (Isaacson, William)
Letter to Hon. Brian M. Cogan from Jeffrey L. Kessler, dated March 1, 2018, regarding potential for scheduling conflict with January 2019 Trial, by MT Picture Display Co., LTD., Panasonic Corporation (Kessler, Jeffrey)
ORDER. In light of the preceding order continuing trial to January 2019, the Order at 92 is vacated and the Amended Pre-Trial Schedule is terminated. The parties are directed to submit a revised proposed schedule within 14 days of the MDL court's decision on whether to remand MARTA's case to this court. Ordered by Judge Brian M. Cogan on 2/23/2018. (Weisberg, Peggy)
Filed: 2/23/2018, Entered: 2/23/2018
ORDER granting 93 . Each side to this dispute presents good arguments, and the Court is faced with a tough situation. The Court is mindful that this case has been going on for a number of years and that other, previously scheduled trials on its docket mean that any continuance will realistically postpone the trial date until early 2019. This delay is a real inconvenience to the parties.On the other hand, as plaintiffs point out, proceeding with the trial in May with the current parties only, and without MARTA and Samsung, risks two trials involving common parties and very similar, if not the same, facts. Even accounting for the possibility of the MDL court concluding that MARTA lacks standing or some of the parties settling, there is a real possibility that holding the trial in May will result in significant duplicative costs for all parties, and the threat of inconsistent verdicts -- two things the MDL process was designed to avoid. This Court and the parties are unlikely to know before May how the MDL court will resolve the recently reversed-and-remanded summary judgment order, but it seems reasonably likely that MARTA's case will eventually be remanded here and consolidated with this case. The Court's balance of considerations weighs in favor of postponing the trial. The trial is hereby continued to 01/07/2019, with a backup date of 03/04/2019. Bearing in mind the other trials that this Court already has scheduled for fall 2018, the parties should feel free to propose a mutually agreeable date for trial earlier than 01/07/2019. Ordered by Judge Brian M. Cogan on 2/23/2018. (Weisberg, Peggy)
REPLY in Support re 93 Letter, Plaintiffs' Reply in Support of Motion to Continue Trial Date filed by ABC Appliance, Inc., CompuCom Systems Inc, Electrograph Technologies Corp., Interbond Corporation of America, Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC, Tech Data Corporation, Tech Data Product Management, Inc.. (Attachments: # 1 Exhibit A) (Isaacson, William)
ORDER granting 97 . Plaintiffs shall file their reply brief of three or fewer pages by noon on 02/23/2018. Ordered by Judge Brian M. Cogan on 2/20/2018. (Weisberg, Peggy)
Letter MOTION for Leave to File Reply re: Motion to Continue (Dkt. 93) by ABC Appliance, Inc., CompuCom Systems Inc, Electrograph Technologies Corp., Interbond Corporation of America, Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC, Tech Data Corporation, Tech Data Product Management, Inc.. (Isaacson, William)
Letter Panasonic Defendants' Opposition to Plaintiffs' Motion to Continue Trial Date 93 , by MT Picture Display Co., LTD., Panasonic Corporation (Kessler, Jeffrey)
Letter Toshiba Defendants' Joinder to Plaintiffs' Motion to Continue Trial Date 93 by Toshiba America Consumer Products, L.L.C., Toshiba America Electronic Components, Inc., Toshiba America Inc., Toshiba America Information Systems Inc., Toshiba Corporation (Curran, Christopher)
ORDER re: 94 . The parties may make limited revisions to their expert reports to the extent necessitated by MDL Orders at Dkt Nos. 5119, 4786, and 4742. The Court will not dictate the kinds of changes the parties may make. However, the parties are cautioned that the Court will not permit wholesale rewriting of the expert reports unrelated to the MDL court's recent rulings. This is not a second bite at the apple. Plaintiffs will serve any updates to their expert reports 60 days prior to trial. Defendants will serve any updates to their expert reports 30 days prior to trial, along with any responses to plaintiffs' update reports. Ordered by Judge Brian M. Cogan on 2/14/2018. (Weisberg, Peggy)
STATUS REPORT -- Joint Request to Establish a Procedure for Pre-Trial Expert Report Updates, pursuant to Order re Amended Pre-Trial Schedule, ECF No. 92, by MT Picture Display Co., LTD., Panasonic Corporation (Kessler, Jeffrey)
ORDER re: 93 . Plaintiffs' letter is deemed its motion to continue trial and the pre-trial conference is waived. Defendants are directed to file a detailed response to plaintiffs' letter by 2/19/2018. Ordered by Judge Brian M. Cogan on 2/13/2018. (Weisberg, Peggy) Modified on 2/13/2018 (Weisberg, Peggy).
Letter re pre-motion conference by ABC Appliance, Inc., CompuCom Systems Inc, Electrograph Technologies Corp., Interbond Corporation of America, Marta Cooperative of America, Inc., Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC, Tech Data Corporation, Tech Data Product Management, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Isaacson, William)
ORDER REGARDING AMENDED PRE-TRIAL SCHEDULE. Pretrial Conference will be held May 7, 2018 at 10:30 AM in Courtroom 8D South. Jury Selection will be held on May 14, 2018 before a Magistrate Judge with trial to follow before Judge Cogan. So Ordered by Judge Brian M. Cogan on 1/30/2018. (Lee, Tiffeny) Modified on 2/6/2018 to reflect date(Clarke, Melonie).
Letter to Hon. Brian M. Cogan from Jeffrey L. Kessler dated January 29, 2018 re: parties' request for consideration of the proposed pre-trial schedule, by MT Picture Display Co., LTD., Panasonic Corporation (Kessler, Jeffrey)
NOTICE of Appearance by Lori P. Lustrin on behalf of Tech Data Corporation, Tech Data Product Management, Inc. (notification declined or already on case) (Lustrin, Lori)
NOTICE of Appearance by Robert William Turken on behalf of Tech Data Corporation, Tech Data Product Management, Inc. (notification declined or already on case) (Turken, Robert)
Joint MOTION to Amend/Correct/Supplement -- Stipulation and Proposed Order by Plaintiffs, Panasonic Corporation, and MT Picture Display, Co., Ltd. concerning potential motion in limine, by MT Picture Display Co., LTD., Panasonic Corporation. (Attachments: # 1 Certificate of Service) (Kessler, Jeffrey)
ORDER granting 85 Robert W. Turken and 86 Lori P. Lustrin's Motion for Leave to Appear Pro Hac Vice as counsel for plaintiffs Tech Data Corporation and Tech Data Product Management, Inc. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee . Ordered by Judge Brian M. Cogan on 1/10/2018. (Weisberg, Peggy)
STIPULATION of Dismissal as to Thomson Defendants and TDA by ABC Appliance, Inc., Electrograph Technologies Corp., Interbond Corporation of America, Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC, Tech Data Corporation, Tech Data Product Management, Inc. (Isaacson, William)
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10103346. by Tech Data Corporation, Tech Data Product Management, Inc.. (Lustrin, Lori)
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10102259. by Tech Data Corporation, Tech Data Product Management, Inc.. (Turken, Robert)
STIPULATION and Proposed Order Regarding Amended Pre-Trial Schedule by Tech Data Corporation, Tech Data Product Management, Inc. (Attachments: # 1 Exhibit A) (Wagner, Scott)
ORDER granting 82 Motion for New Trial in case 1:17-cv-04504-BMC; 201 Motion for New Trial in case 1:17-cv-06901-BMC. The parties should expect a June trial date. Because of the Court's calendar, any adjournment is extremely unlikely. The parties are to file a proposed amended pre-trial schedule by 12/22/2017. Ordered by Judge Brian M. Cogan on 12/17/2017. (Weisberg, Peggy)
ORDER granting 81 Motion to Consolidate Cases in case 1:17-cv-04504-BMC; 200 Motion to Consolidate Cases in case 1:17-cv-06901-BMC. The Court, having considered the stipulation of Plaintiffs and Defendants in these actions, and good cause appearing, orders as follows: (1) The above-captioned actions are hereby consolidated for the purposes of any remaining pretrial and trial proceedings pursuant to Fed. R. Civ. P. 42(a) and Local Rule 50.3.1; (2) The Clerk of the Court shall consolidate the Tech Data Corp. v. Hitachi, Ltd., No. 17-cv-06901-BMC with the above-captioned master docket, In re EDNY Cathode Ray Tube Antitrust Cases No. 17-cv-04504-BMC; (3) All future filings in Tech Data Corp. v. Hitachi, Ltd. shall be made on the In re EDNY Cathode Ray Tube Antitrust Cases master docket; (4) The parties will submit an amended proposed pre-trial schedule following the Court's consideration of the parties' request to set a new trial date. Ordered by Judge Brian M. Cogan on 12/15/2017. (Weisberg, Peggy)
Letter MOTION for New Trial Date in Connection with the Joint Motion to Consolidate by Tech Data Corporation, Tech Data Product Management, Inc.. Associated Cases: 1:17-cv-04504-BMC, 1:17-cv-06901-BMC (Wagner, Scott)
Joint MOTION to Consolidate Cases by Tech Data Corporation, Tech Data Product Management, Inc.. Associated Cases: 1:17-cv-04504-BMC, 1:17-cv-06901-BMC (Wagner, Scott)
Letter re: Plaintiffs Response to Nov. 27 Order to Show Cause by ABC Appliance, Inc., Electrograph Technologies Corp., Interbond Corporation of America, Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC (Iovieno, Philip)
ORDER. Based on the Letter received from Munger Tolles dated 11/21/17, the parties and their attorneys are ORDERED TO SHOW CAUSE by 12/1/17 why the Clerk of Court should not be directed to terminate (1) all defendants whose corporate name begins with "LG", regardless of what follows LG; and (2) all counsel for such LG defendants, unless those counsel also have appeared for other, non-LG defendants, in which case they should be terminated as counsel for just the LG defendants and not for any others who remain in these cases. Ordered by Judge Brian M. Cogan on 11/27/2017. Associated Cases: 1:17-cv-04504-BMC et al. (Weisberg, Peggy)
Letter Corrected Letter to Court Re LG Electronics U.S.A., Inc. Representation as Requested by Court Order Dated 11/15/2017 by LG Electronics U.S.A., Inc. Associated Cases: 1:17-cv-04504-BMC, 1:17-cv-02363-BMC, 1:17-cv-02368-BMC, 2:17-cv-02365-BMC (Fram, Nicholas)
Letter Letter to Court Re LG Electronics U.S.A., Inc. Representation as Requested by Court Order Dated 11/15/2017 by LG Electronics U.S.A., Inc. Associated Cases: 1:17-cv-04504-BMC, 1:17-cv-02363-BMC, 1:17-cv-02368-BMC, 2:17-cv-02365-BMC (Fram, Nicholas)
REPLY in Support Unredacted Version of Defendants' Reply Memorandum in Support of Motion in Limine No. 10 to Exclude the Chunghwa "Glass Meeting" Reports as Inadmissible Hearsay and Exhibits I, K, and L to the Affirmation of Andrew Black, filed under seal pursuant to the Court's Orders issued on November 14 and 20, 2017 filed by MT Picture Display Co., LTD., Panasonic Corporation, Toshiba America Consumer Products, L.L.C., Toshiba America Electronic Components, Inc., Toshiba America Inc., Toshiba America Information Systems Inc., Toshiba Corporation. (Attachments: # 1 Exhibit I, # 2 Exhibit K, # 3 Exhibit L) (Lau, Lucius)
REPLY in Support re 71 - Redacted Version of Defendants' Reply Memorandum in Support of Motion in Limine No. 10 to Exclude the Chunghwa "Glass Meeting" Reports as Inadmissible Hearsay, filed pursuant to the Court's November 20, 2017 Order filed by MT Picture Display Co., LTD., Panasonic Corporation, Toshiba America Consumer Products, L.L.C., Toshiba America Electronic Components, Inc., Toshiba America Inc., Toshiba America Information Systems Inc., Toshiba Corporation. (Attachments: # 1 Affirmation of Andrew Black in Support of Defendants' Reply Memorandum in Support of Motion in Limine No. 10, # 2 Exhibit J, # 3 Exhibit M, # 4 Exhibit N, # 5 Exhibit O, # 6 Exhibit P) (Lau, Lucius)
REPLY in Support Unredacted Version of Defendants' Reply Memorandum in Support of Motion in Limine No. 7 to Exclude Discovery Responses of One Party as Evidence Against Another Party and Exhibits A, B, and D to the Affirmation of Dana E. Foster, filed under seal pursuant to the Court's Orders issued on November 14 and 20, 2017 filed by MT Picture Display Co., LTD., Panasonic Corporation, Toshiba America Consumer Products, L.L.C., Toshiba America Electronic Components, Inc., Toshiba America Inc., Toshiba America Information Systems Inc., Toshiba Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit D) (Lau, Lucius)
REPLY in Support re 17 Joint MOTION in Limine No. 7 to Exclude Discovery Responses of One Party as Evidence Against Another Party Redacted Version, filed pursuant to the Court's November 20, 2017 Order filed by MT Picture Display Co., LTD., Panasonic Corporation, Toshiba America Consumer Products, L.L.C., Toshiba America Electronic Components, Inc., Toshiba America Inc., Toshiba America Information Systems Inc., Toshiba Corporation. (Attachments: # 1 Affirmation of Dana E. Foster in Support of Defendants' Reply Memorandum in Support of Motion in Limine No. 7, # 2 Exhibit C) (Lau, Lucius)
MOTION in Limine Unredacted Version of Defendants' Motion in Limine No. 10 to Exclude the Chunghwa "Glass Meeting" Reports as Inadmissible Hearsay and Exhibits A, C, and E to the Affirmation of Andrew Black, filed under seal pursuant to the Court's Orders issued on November 14 and 20, 2017 by MT Picture Display Co., LTD., Panasonic Corporation, Toshiba America Consumer Products, L.L.C., Toshiba America Electronic Components, Inc., Toshiba America Inc., Toshiba America Information Systems Inc., Toshiba Corporation. (Attachments: # 1 Exhibit A Part 1, # 2 Exhibit A Part 2, # 3 Exhibit A Part 3, # 4 Exhibit A Part 4, # 5 Exhibit C, # 6 Exhibit E) (Lau, Lucius)
MOTION in Limine Redacted Version of Defendants' Motion in Limine No. 10 to Exclude the Chunghwa "Glass Meeting" Reports as Inadmissible Hearsay, filed pursuant to the Court's November 20, 2017 Order by MT Picture Display Co., LTD., Panasonic Corporation, Toshiba America Consumer Products, L.L.C., Toshiba America Electronic Components, Inc., Toshiba America Inc., Toshiba America Information Systems Inc., Toshiba Corporation. (Attachments: # 1 Affirmation of Andrew Black in Support of Motion in Limine No. 10, # 2 Exhibit B, # 3 Exhibit D, # 4 Exhibit F, # 5 Exhibit G, # 6 Exhibit H) (Lau, Lucius)
EXHIBIT C by ABC Appliance, Inc., CompuCom Systems Inc, Electrograph Technologies Corp., Interbond Corporation of America, Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC. Related document: 69 Memorandum in Opposition,, filed by Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Interbond Corporation of America, Electrograph Technologies Corp., CompuCom Systems Inc, Schultze Agency Services, LLC, ABC Appliance, Inc.. (Attachments: # 1 Exhibit D, # 2 Exhibit E, # 3 Exhibit F, # 4 Exhibit G, # 5 Exhibit H) (Isaacson, William)
MEMORANDUM in Opposition re 8 MOTION in Limine -- Defendants' Motion in Limine No. 8 to Exclude Evidence, Testimony, or Arguments Referencing LCD and Other Non-CRT Product Conspiracies, filed by ABC Appliance, Inc., CompuCom Systems Inc, Electrograph Technologies Corp., Interbond Corporation of America, Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC. (Attachments: # 1 Declaration of John F. Dew, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H) (Isaacson, William)
EXHIBIT A by ABC Appliance, Inc., CompuCom Systems Inc, Electrograph Technologies Corp., Interbond Corporation of America, Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC. Related document: 67 Memorandum in Opposition, filed by Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Interbond Corporation of America, Electrograph Technologies Corp., CompuCom Systems Inc, Schultze Agency Services, LLC, ABC Appliance, Inc.. (Attachments: # 1 Exhibit B) (Isaacson, William)
MEMORANDUM in Opposition re 13 Joint MOTION in Limine No. 4 to Preclude "Spillover" Argument filed by ABC Appliance, Inc., CompuCom Systems Inc, Electrograph Technologies Corp., Interbond Corporation of America, Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC. (Attachments: # 1 Declaration of John F. Dew, # 2 Exhibit A, # 3 Exhibit B) (Isaacson, William)
ORDER granting 63 Motion for Leave to Electronically File Document under Seal by MT Picture Display Co., LTD., Panasonic Corporation, Toshiba America Consumer Products, L.L.C., Toshiba America Electronic Components, Inc., Toshiba America Inc., Toshiba America Information Systems Inc., Toshiba Corporation. In light of the Stipulated Protective Order in In re Cathode Ray Tube (CRT) Antitrust Litig., No. 3:07-cv-05944 (N.D. Cal. June 18, 2008), moving parties may file under seal unredacted versions of [22, 59, and 60] their motions, and will file redacted versions of their motions attached to 63 on the public docket. Ordered by Judge Brian M. Cogan on 11/20/2017. (Weisberg, Peggy)
MOTION to Seal by ABC Appliance, Inc., CompuCom Systems Inc, Electrograph Technologies Corp., Interbond Corporation of America, Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC. (Attachments: # 1 Motion in Limine to Strike Third Party Witnesses and Documents, # 2 Plaintiffs' Opposition to Defendants' Motion In Limine No. 3 to Exclude References to Documents or Behavior Not In Evidence, # 3 Plaintiffs' Memorandum in Opposition to Defendants' Motion In Limine No. 10 to Exclude the Chunghwa "Glass Meeting" Reports as Inadmissible Hearsay) (Isaacson, William)
EXHIBIT M to Affirmation of Matthew Frutig in Support of Defendants' Opposition to Plaintiffs' Motion in Limine to Strike Third Party Witnesses and Documents, filed under seal pursuant to the Court's November 14, 2017 Order by MT Picture Display Co., LTD., Panasonic Corporation, Toshiba America Consumer Products, L.L.C., Toshiba America Electronic Components, Inc., Toshiba America Inc., Toshiba America Information Systems Inc., Toshiba Corporation. Related document: 64 Memorandum in Opposition,,, filed by MT Picture Display Co., LTD., Toshiba Corporation, Toshiba America Consumer Products, L.L.C., Toshiba America Information Systems Inc., Toshiba America Inc., Panasonic Corporation, Toshiba America Electronic Components, Inc.. (Lau, Lucius)
MEMORANDUM in Opposition Public Version of Defendants' Opposition to Plaintiffs' Motion in Limine to Strike Third Party Witnesses and Documents, filed pursuant to the Court's November 14, 2017 Order filed by MT Picture Display Co., LTD., Panasonic Corporation, Toshiba America Consumer Products, L.L.C., Toshiba America Electronic Components, Inc., Toshiba America Inc., Toshiba America Information Systems Inc., Toshiba Corporation. (Attachments: # 1 Affirmation of Matthew Frutig in Support of Defendants' Opposition, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P) (Lau, Lucius)
MOTION for Leave to Electronically File Document under Seal Defendants' Renewed Motion for Leave to Seal Redacted Portions of Briefs Supporting Certain in Limine Motions (ECF Nos. 22 , 59 , and 60 ), filed pursuant to the Court's November 14, 2017 Order by MT Picture Display Co., LTD., Panasonic Corporation, Toshiba America Consumer Products, L.L.C., Toshiba America Electronic Components, Inc., Toshiba America Inc., Toshiba America Information Systems Inc., Toshiba Corporation. (Attachments: # 1 Affirmation of Matthew Frutig in Support of Renewed Motion for Leave to Seal, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (Lau, Lucius)
REPLY in Support of Plaintiffs' Motion in Limine to Strike Third Party Witnesses and Documents 31 filed by ABC Appliance, Inc., CompuCom Systems Inc, Electrograph Technologies Corp., Interbond Corporation of America, Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC, Tweeter Newco, LLC. (Attachments: # 1 Declaration of Anne M. Nardacci, # 2 Exhibit A) (Isaacson, William)
ORDER. In the consolidated matter In re EDNY Cathode Ray Tube Antitrust Cases, LG Electronics Inc., LG Electronics U.S.A., Inc. and LG Electronics Taiwan Taipei Co., Ltd. are named defendants in three of its member cases 17-2363, 17-2365, and 17-2368. LG Electronics Inc. and LG Electronics Taiwan Taipei Co., Ltd. have both been dismissed. The Court, however, is not entirely clear as to who represents LG Electronics U.S.A., Inc. The docket in 17-2365 reflects that LG Electronics U.S.A., Inc. is represented by various firms: Arnold and Porter LLP, Sidley Austin LLP and Heller Ehrman White & McAuliffe LLP. Counsel for LG Electronics U.S.A., Inc. is directed to submit a letter within seven days clarifying which law firms are presently representing this defendant. Ordered by Judge Brian M. Cogan on 11/15/2017. (Weisberg, Peggy)
ORDER granting in part and denying in part 22 31 35 36 38 41 44 59 60 . The parties have not provided sufficient information to support sealing their briefs supporting their motions in limine. That deposition testimony or a produced document is subject to a confidentiality order does not render confidential every sentence of a document in which those sources are referenced. The parties are free to renew their motions to seal, but they must specify in their motions which portions of the filing warrant sealing. They should also strongly consider partially redacting their motions in lieu of asking permission to file entire motions under seal.The parties' motions to seal are granted as to the exhibits supporting their motions, except for Exhibits A and B to Plaintiffs Opposition to Defendants Motion In Limine No. 8, for which plaintiffs' have not provided sufficient information to support sealing. Counsel are directed to file the original documents under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Judge Brian M. Cogan on 11/14/2017. (Weisberg, Peggy)
MOTION for Leave to Electronically File Document under Seal Defendants' Reply Memorandum in Support of Motion in Limine No. 10 to Exclude Chunghwa "Glass Meeting" Reports as Inadmissible Hearsay by MT Picture Display Co., LTD., Panasonic Corporation. (Attachments: # 1 Affirmation of Andrew Black ISO Motion for Leave to File Under Seal, # 2 Defendants' Reply Memorandum ISO Motion in Limine No. 10, # 3 Affirmation of Andrew Black ISO Defendants' Reply Memorandum ISO Motion in Limine No. 10, # 4 Exhibit I of Black Affirmation, # 5 Exhibit J of Black Affirmation, # 6 Exhibit K of Black Affirmation, # 7 Exhibit L of Black Affirmation, # 8 Exhibit M of Black Affirmation, # 9 Exhibit N of Black Affirmation, # 10 Exhibit O of Black Affirmation, # 11 Exhibit P of Black Affirmation) (Lau, Lucius)
MOTION for Leave to Electronically File Document under Seal Defendants' Reply Memorandum in Support of Motion in Limine No. 7 to Exclude Discovery Responses of One Party as Evidence Against Another Party by MT Picture Display Co., LTD., Panasonic Corporation, Toshiba America Consumer Products, L.L.C., Toshiba America Electronic Components, Inc., Toshiba America Inc., Toshiba America Information Systems Inc., Toshiba Corporation. (Attachments: # 1 Affirmation of Matthew Frutig ISO Motion for Leave to File Under Seal, # 2 Defendants' Reply Memorandum ISO Motion in Limine No. 7, # 3 Affirmation of Dana E. Foster ISO Defendants' Reply Memorandum, # 4 Exhibit A to Foster Affirmation, # 5 Exhibit B to Foster Affirmation, # 6 Exhibit C to Foster Affirmation, # 7 Exhibit D to Foster Affirmation) (Lau, Lucius)
REPLY in Support re 9 MOTION in Limine Toshiba Defendants' Motion to Bar Plaintiffs' Witnesses Who Were Not Timely Disclosed filed by Toshiba America Consumer Products, L.L.C., Toshiba America Electronic Components, Inc., Toshiba America Inc., Toshiba America Information Systems Inc., Toshiba Corporation. (Lau, Lucius)
REPLY to Response to Motion re 11 Joint MOTION in Limine No. 1 to Exclude Evidence and Reference at Trial filed by MT Picture Display Co., LTD., Panasonic Corporation, Toshiba America Consumer Products, L.L.C., Toshiba America Electronic Components, Inc., Toshiba America Inc., Toshiba America Information Systems Inc., Toshiba Corporation. (Yohai, David)
REPLY to Response to Motion re 8 MOTION in Limine -- Defendants' Motion in Limine No. 8 to Exclude Evidence, Testimony, or Arguments Referencing LCD and Other Non-CRT Product Conspiracies, filed by MT Picture Display Co., LTD., Panasonic Corporation, Toshiba America Consumer Products, L.L.C., Toshiba America Electronic Components, Inc., Toshiba America Inc., Toshiba America Information Systems Inc., Toshiba Corporation. (Kessler, Jeffrey)
REPLY in Support re 19 MOTION in Limine Plaintiffs' Omnibus Motion in Limine to Exclude Certain References and Evidence from Trial filed by ABC Appliance, Inc., CompuCom Systems Inc, Electrograph Technologies Corp., Interbond Corporation of America, Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC. (Isaacson, William)
REPLY in Support re 16 MOTION in Limine Plaintiffs' Omnibus Motion in Limine Regarding Certain Damages Evidence and Arguments at Trial filed by ABC Appliance, Inc., CompuCom Systems Inc, Electrograph Technologies Corp., Interbond Corporation of America, Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC. (Isaacson, William)
REPLY to Response to Motion re 20 Joint MOTION in Limine No. 9 to Exclude Positive Net Worth filed by MT Picture Display Co., LTD., Panasonic Corporation, Toshiba America Consumer Products, L.L.C., Toshiba America Electronic Components, Inc., Toshiba America Inc., Toshiba America Information Systems Inc., Toshiba Corporation. (Yohai, David)
REPLY to Response to Motion re 15 Joint MOTION in Limine No. 6 to Exclude Improper Characterizations or References filed by MT Picture Display Co., LTD., Panasonic Corporation, Toshiba America Consumer Products, L.L.C., Toshiba America Electronic Components, Inc., Toshiba America Inc., Toshiba America Information Systems Inc., Toshiba Corporation. (Yohai, David)
REPLY in Support re 14 MOTION in Limine -- Defendants' Motion in Limine No. 2 for Pretrial Proffer and Ruling on Admissibility of Alleged Co-Conspirator Statements under Fed. R. E. 801(d)(2)(E), filed by MT Picture Display Co., LTD., Panasonic Corporation, Toshiba America Consumer Products, L.L.C., Toshiba America Electronic Components, Inc., Toshiba America Inc., Toshiba America Information Systems Inc., Toshiba Corporation. (Kessler, Jeffrey)
REPLY to Response to Motion re 13 Joint MOTION in Limine No. 4 to Preclude "Spillover" Argument filed by MT Picture Display Co., LTD., Panasonic Corporation, Toshiba America Consumer Products, L.L.C., Toshiba America Electronic Components, Inc., Toshiba America Inc., Toshiba America Information Systems Inc., Toshiba Corporation. (Yohai, David)
REPLY in Support re 10 MOTION in Limine -- Defendants' Motion in Limine No. 3 to Exclude References to Documents or Behavior not in Evidence, filed by MT Picture Display Co., LTD., Panasonic Corporation, Toshiba America Consumer Products, L.L.C., Toshiba America Electronic Components, Inc., Toshiba America Inc., Toshiba America Information Systems Inc., Toshiba Corporation. (Kessler, Jeffrey)
MOTION to Amend/Correct/Supplement -- Stipulation and Proposed Order by Plaintiffs, Panasonic Corporation, and MT Picture Display, Co., Ltd. concerning potential motion in limine, by MT Picture Display Co., LTD., Panasonic Corporation. (Attachments: # 1 Certificate of Service) (Kessler, Jeffrey)
SCHEDULING ORDER: re 47 . Pretrial Conference is set for February 12, 2018 at 10:30 AM in Courtroom 8D South. Ordered by Judge Brian M. Cogan on 11/9/2017. (Clarke, Melonie)
Proposed Scheduling Order Stipulation and Proposed Order Regarding Amended Pre-Trial Schedule by MT Picture Display Co., LTD., Panasonic Corporation, Toshiba America Consumer Products, L.L.C., Toshiba America Electronic Components, Inc., Toshiba America Inc., Toshiba America Information Systems Inc., Toshiba Corporation (Attachments: # 1 Exhibit A) (Lau, Lucius)
Letter Regarding Potential for Scheduling Conflict with March 5, 2018 Jury Selection by Toshiba America Consumer Products, L.L.C., Toshiba America Electronic Components, Inc., Toshiba America Inc., Toshiba America Information Systems Inc., Toshiba Corporation (Curran, Christopher)
MOTION for Leave to Electronically File Document under Seal Defendants' Opposition to Plaintiffs' Motion in Limine to Strike Third Party Witnesses and Documents by MT Picture Display Co., LTD., Panasonic Corporation, Toshiba America Consumer Products, L.L.C., Toshiba America Electronic Components, Inc., Toshiba America Inc., Toshiba America Information Systems Inc., Toshiba Corporation. (Attachments: # 1 Defendants' Opposition to Plaintiffs' Motion in Limine to Strike Third Party Witnesses and Documents, # 2 Affirmation of Matthew N. Frutig ISO Defendants' Opposition, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P) (Lau, Lucius)
MEMORANDUM in Opposition re 19 MOTION in Limine Plaintiffs' Omnibus Motion in Limine to Exclude Certain References and Evidence from Trial filed by MT Picture Display Co., LTD., Panasonic Corporation, Toshiba America Consumer Products, L.L.C., Toshiba America Electronic Components, Inc., Toshiba America Inc., Toshiba America Information Systems Inc., Toshiba Corporation. (Attachments: # 1 Affirmation of Matthew N. Frutig in Support of Defendants' Omnibus Opposition, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L) (Lau, Lucius)
MEMORANDUM in Opposition re 9 MOTION in Limine Toshiba Defendants' Motion to Bar Plaintiffs' Witnesses Who Were Not Timely Disclosed filed by ABC Appliance, Inc., CompuCom Systems Inc, Electrograph Technologies Corp., Interbond Corporation of America, Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC. (Attachments: # 1 Declaration of John F. Dew) (Isaacson, William)
MOTION for Leave to Electronically File Document under Seal in Opposition to Defendants' Motion in Limine No. 10 by ABC Appliance, Inc., CompuCom Systems Inc, Electrograph Technologies Corp., Interbond Corporation of America, Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC. (Attachments: # 1 Memorandum in Opposition, # 2 Declaration of John F. Dew, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I) (Isaacson, William)
RESPONSE to Motion re 20 Joint MOTION in Limine No. 9 to Exclude Positive Net Worth filed by ABC Appliance, Inc., CompuCom Systems Inc, Electrograph Technologies Corp., Interbond Corporation of America, Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC. (Attachments: # 1 Declaration of John F. Dew) (Isaacson, William)
MEMORANDUM in Opposition re 17 Joint MOTION in Limine No. 7 to Exclude Discovery Responses of One Party as Evidence Against Another Party filed by ABC Appliance, Inc., CompuCom Systems Inc, Electrograph Technologies Corp., Interbond Corporation of America, Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC. (Attachments: # 1 Declaration of John F. Dew, # 2 Exhibit A, # 3 Exhibit B) (Isaacson, William)
MOTION for Leave to Electronically File Document under Seal in Opposition to Defendants' Motion in Limine No. 8 by ABC Appliance, Inc., CompuCom Systems Inc, Electrograph Technologies Corp., Interbond Corporation of America, Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC. (Attachments: # 1 Memorandum in Opposition, # 2 Declaration of John F. Dew, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H) (Isaacson, William)
MEMORANDUM in Opposition re 15 Joint MOTION in Limine No. 6 to Exclude Improper Characterizations or References filed by ABC Appliance, Inc., CompuCom Systems Inc, Electrograph Technologies Corp., Interbond Corporation of America, Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC. (Isaacson, William)
MOTION for Leave to Electronically File Document under Seal in Opposition to Defendants' Motion in Limine No. 4 by ABC Appliance, Inc., CompuCom Systems Inc, Electrograph Technologies Corp., Interbond Corporation of America, Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC. (Attachments: # 1 Memorandum in Opposition, # 2 Declaration of John F. Dew, # 3 Exhibit A, # 4 Exhibit B) (Isaacson, William)
MOTION for Leave to Electronically File Document under Seal in Opposition to Defendants' Motion in Limine No. 3 by ABC Appliance, Inc., CompuCom Systems Inc, Electrograph Technologies Corp., Interbond Corporation of America, Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC. (Attachments: # 1 Memorandum in Opposition, # 2 Declaration of John F. Dew, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G) (Isaacson, William)
RESPONSE in Opposition re 16 MOTION in Limine Plaintiffs' Omnibus Motion in Limine Regarding Certain Damages Evidence and Arguments at Trial filed by MT Picture Display Co., LTD., Panasonic Corporation, Toshiba America Consumer Products, L.L.C., Toshiba America Electronic Components, Inc., Toshiba America Inc., Toshiba America Information Systems Inc., Toshiba Corporation. (Attachments: # 1 Declaration of Jennifer M. Stewart, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M) (Kessler, Jeffrey)
MEMORANDUM in Opposition re 14 MOTION in Limine -- Defendants' Motion in Limine No. 2 for Pretrial Proffer and Ruling on Admissibility of Alleged Co-Conspirator Statements under Fed. R. E. 801(d)(2)(E), filed by ABC Appliance, Inc., CompuCom Systems Inc, Electrograph Technologies Corp., Interbond Corporation of America, Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC. (Attachments: # 1 Declaration of John F. Dew, # 2 Exhibit A, # 3 Exhibit B) (Isaacson, William)
MEMORANDUM in Opposition re 11 Joint MOTION in Limine No. 1 to Exclude Evidence and Reference at Trial filed by ABC Appliance, Inc., CompuCom Systems Inc, Electrograph Technologies Corp., Interbond Corporation of America, Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC. (Isaacson, William)
SCHEDULING ORDER: Per the Minute Entry entered on 5/22/2017 in the member cases scheduling Jury Selection on 1/22/2018 with trial to follow, is now adjourned to the back-up date. By 1/29/2018, the parties are to submit a joint jury questionnaire with disputes itemized in a cover letter. Jury Selection is set for 3/5/2018 at 9:00 AM before a Magistrate Judge with trial to follow before Judge Cogan in Courtroom 8D South. So Ordered by Judge Brian M. Cogan on 10/18/2017. (Clarke, Melonie)
MOTION for Leave to Electronically File Document under Seal by ABC Appliance, Inc., CompuCom Systems Inc, Electrograph Technologies Corp., Interbond Corporation of America, Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC. (Attachments: # 1 Notice of Motion in Limine to Strike Third Party Witnesses and Documents, # 2 Declaration of Anne M. Nardacci, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D) (Isaacson, William)
MEMORANDUM DECISION AND ORDER dated 9/29/17 that defendants' motions for reconsideration are denied. ( Ordered by Judge Brian M. Cogan on 9/29/2017 ) (Guzzi, Roseann)
STIPUALTION AND ORDER OF DISMISSAL dated 9/29/17 as against the following Defendants only: Samsung SDI Co., Ltd.; Samsung SDI America, Inc.; Samsung SDI Mexico S.A. De C.V.; Samsung SDI Brasil Ltda.; Shenzhen Samsung SDI Co., Ltd.; Tianjin Samsung SDI Co., Ltd.; and Samsung SDI (Malaysia) Sdn. Bhd. ( Ordered by Judge Brian M. Cogan on 9/29/2017 ) (Guzzi, Roseann)
STIPULATION of Dismissal by ABC Appliance, Inc., CompuCom Systems Inc, Electrograph Technologies Corp., Interbond Corporation of America, Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC (Isaacson, William)
Joint MOTION to Amend/Correct/Supplement -- Stipulation and [Proposed] Order Concerning Certain Pre-Trial Deadlines, by MT Picture Display Co., LTD., Panasonic Corporation. (Attachments: # 1 Certificate of Service) (Kessler, Jeffrey)
STIPUALTION AND ORDER OF DISMISSAL dated 9/26/17 Dismissal as against the following Defendants only: Koninklijke Philips N.V., Philips Electronics North America Corporation, Philips Taiwan Limited and Philips do Brasil Ltda.( Ordered by Judge Brian M. Cogan on 9/26/2017 ) (Guzzi, Roseann)
STIPULATION of Dismissal by ABC Appliance, Inc., CompuCom Systems Inc, Electrograph Technologies Corp., Interbond Corporation of America, Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC (Isaacson, William)
ORDER denying 12 . The Federal Rules of Civil Procedure and Evidence give plaintiffs the right to use the testimony of certain representatives of defendants as evidence in chief. The Court is not going to dictate plaintiffs' order of proof. Plaintiffs need to have sufficient proof in the record during their case to survive a motion for judgment as a matter of law and there is no reason that proof should not include deposition testimony if that is what plaintiffs prefer (or if the witnesses are otherwise unavailable during plaintiffs' case). Impeaching those same witnesses with their deposition testimony if they testify during defendants' case is not duplicative; impeachment is a distinct use of the testimony from plaintiffs offering it in their case in chief. Ordered by Judge Brian M. Cogan on 9/22/2017. (Weisberg, Peggy)
MOTION for Leave to Electronically File Document under Seal Defendants' Motion in Limine No. 10 to Exclude the Chunghwa "Glass Meeting" Reports as Inadmissable Hearsay by Toshiba America Consumer Products, L.L.C., Toshiba America Electronic Components, Inc., Toshiba America Inc., Toshiba America Information Systems Inc., Toshiba Corporation. (Attachments: # 1 Defendants' Motion in Limine No. 10 to Exclude the Chunghwa "Glass Meeting" Reports as Inadmissable Hearsay, # 2 Affirmation of Andrew Black ISO Defendants' Motion in Limine No. 10, # 3 Exhibit A Part 1, # 4 Exhibit A Part 2, # 5 Exhibit A Part 3, # 6 Exhibit A Part 4, # 7 Exhibit B, # 8 Exhibit C, # 9 Exhibit D, # 10 Exhibit E, # 11 Exhibit F, # 12 Exhibit G, # 13 Exhibit H) (Lau, Lucius)
Joint MOTION in Limine No. 9 to Exclude Positive Net Worth by MT Picture Display Co., LTD., Panasonic Corporation, Toshiba America Consumer Products, L.L.C., Toshiba America Electronic Components, Inc., Toshiba America Inc., Toshiba America Information Systems Inc., Toshiba Corporation. (Attachments: # 1 Certificate of Service) (Yohai, David)
MOTION in Limine Plaintiffs' Omnibus Motion in Limine to Exclude Certain References and Evidence from Trial by ABC Appliance, Inc., CompuCom Systems Inc, Electrograph Technologies Corp., Interbond Corporation of America, Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC. (Attachments: # 1 Declaration of John F. Dew, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Certificate of Service) (Isaacson, William)
MOTION in Limine -- Stipulation and [Proposed] Order Concerning Potential Motion in Limine, by MT Picture Display Co., LTD., Panasonic Corporation. (Attachments: # 1 Certificate of Service) (Kessler, Jeffrey)
Joint MOTION in Limine No. 7 to Exclude Discovery Responses of One Party as Evidence Against Another Party by MT Picture Display Co., LTD., Panasonic Corporation, Toshiba America Consumer Products, L.L.C., Toshiba America Electronic Components, Inc., Toshiba America Inc., Toshiba America Information Systems Inc., Toshiba Corporation. (Attachments: # 1 Affirmation of Dana E. Foster) (Lau, Lucius)
MOTION in Limine Plaintiffs' Omnibus Motion in Limine Regarding Certain Damages Evidence and Arguments at Trial by ABC Appliance, Inc., CompuCom Systems Inc, Electrograph Technologies Corp., Interbond Corporation of America, Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC. (Attachments: # 1 Declaration of John F. Dew, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Certificate of Service) (Isaacson, William)
Joint MOTION in Limine No. 6 to Exclude Improper Characterizations or References by MT Picture Display Co., LTD., Panasonic Corporation, Toshiba America Consumer Products, L.L.C., Toshiba America Electronic Components, Inc., Toshiba America Inc., Toshiba America Information Systems Inc., Toshiba Corporation. (Attachments: # 1 Declaration of Kajetan Rozga, # 2 Exhibit 1 - Excerpts of Expert Report, # 3 Certificate of Service) (Yohai, David)
MOTION in Limine -- Defendants' Motion in Limine No. 2 for Pretrial Proffer and Ruling on Admissibility of Alleged Co-Conspirator Statements under Fed. R. E. 801(d)(2)(E), by MT Picture Display Co., LTD., Panasonic Corporation. (Attachments: # 1 Certificate of Service) (Kessler, Jeffrey)
Joint MOTION in Limine No. 5 to Limit the Use of Deposition Testimony at Trial by MT Picture Display Co., LTD., Panasonic Corporation, Toshiba America Consumer Products, L.L.C., Toshiba America Electronic Components, Inc., Toshiba America Inc., Toshiba America Information Systems Inc., Toshiba Corporation. (Attachments: # 1 Affirmation of Dana E. Foster) (Lau, Lucius)
MOTION in Limine -- Defendants' Motion in Limine No. 3 to Exclude References to Documents or Behavior not in Evidence, by MT Picture Display Co., LTD., Panasonic Corporation. (Attachments: # 1 Declaration of Sofia Arguello, # 2 Exhibit 1, # 3 Certificate of Service) (Kessler, Jeffrey)
MOTION in Limine Toshiba Defendants' Motion to Bar Plaintiffs' Witnesses Who Were Not Timely Disclosed by Toshiba America Consumer Products, L.L.C., Toshiba America Electronic Components, Inc., Toshiba America Inc., Toshiba America Information Systems Inc., Toshiba Corporation. (Attachments: # 1 Affirmation of Dana E. Foster) (Lau, Lucius)
MOTION in Limine -- Defendants' Motion in Limine No. 8 to Exclude Evidence, Testimony, or Arguments Referencing LCD and Other Non-CRT Product Conspiracies, by MT Picture Display Co., LTD., Panasonic Corporation. (Attachments: # 1 Certificate of Service) (Kessler, Jeffrey)
Joint MOTION in Limine -- Stipulation and [Proposed] Order Concerning Certain Motions In Limine, by MT Picture Display Co., LTD., Panasonic Corporation. (Attachments: # 1 Certificate of Service) (Kessler, Jeffrey)
NOTICE of Appearance by John F. Dew on behalf of ABC Appliance, Inc., CompuCom Systems Inc, Electrograph Technologies Corp., Interbond Corporation of America, Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC (aty to be noticed) (Dew, John)
ORDER granting 4 Motion to Stay action as between plaintiffs and the Samsung Defendants. However, the parties are hereby on notice that if a settlement stipulation is not executed by September 30, 2017, that dismisses the Samsung Defendants, the Court will put plaintiffs and the Samsung Defendants back on the schedule the Court ordered at 3 . The parties will have 2 weeks to file their motions in limine, 2 weeks to oppose, and 1 week to reply. The deadline for all other court-ordered filings, including the joint pre-trial order and jury-related filings will remain the same. No extensions will be granted on the basis of this stay. Ordered by Judge Brian M. Cogan on 8/7/2017. (Weisberg, Peggy)
Joint MOTION to Stay Stipulation between Plaintiffs and the Samsung SDI defendants requesting that deadlines be held in abeyance as to the Samsung SDI Defendants only by ABC Appliance, Inc., CompuCom Systems Inc, Electrograph Technologies Corp., Interbond Corporation of America, Office Depot, Inc., P.C. Richard & Son Long Island Corporation, Schultze Agency Services, LLC. (Isaacson, William)
NOTICE to Attorneys. Miscellaneous case number 1:17-mc-2038 has been converted to a civil case, 1:17-cv-04504-BMC In re EDNY Cathode Ray Tube Antitrust Cases. The Miscellaneous case has been deleted. Please use the new case number to docket. Associated Cases: 1:17-cv-04504-BMC et al. (Marziliano, August)
Proposed Scheduling Order Stipulation and Proposed Order Regarding Pre-Trial Schedule by Toshiba America Consumer Products, L.L.C., Toshiba America Electronic Components, Inc., Toshiba America Inc., Toshiba America Information Systems Inc., Toshiba Corporation (Attachments: # 1 Exhibit A, # 2 Proposed Order Regarding Pre-Trial Schedule) (Lau, Lucius)
ORDER granting (131) Motion to Consolidate Cases in case 1:17-cv-02363-BMC; granting (145) Motion to Consolidate Cases in case 1:17-cv-02368-BMC; granting (172) Motion to Consolidate Cases in case 2:17-cv-02365-BMC; granting (217) Motion to Consolidate Cases in case 1:17-cv-03283-BMC; granting (54) Motion to Consolidate Cases in case 1:17-cv-03285-BMC; granting (65) Motion to Consolidate Cases in case 1:17-cv-03409-BMC. The Court directs the Clerk of the Court to establish a consolidated master docket for the above-captioned cases. The master docket should be titled In re EDNY Cathode Ray Tube Antitrust Cases. The parties are furthered ordered that, once the Master Docket is created, all future filings in any of the above-named actions must be made only on the consolidated master docket. The parties are ordered not to make any subsequent filings on the individual case dockets.. Ordered by Judge Brian M. Cogan on 7/19/2017. Associated Cases: 1:17-mc-02038-BMC et al. (Marziliano, August)
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